Rohit Kumar Khare vs The State Of Madhya Pradesh
2024 Latest Caselaw 5515 MP

Madhya Pradesh High Court

Rohit Kumar Khare vs The State Of Madhya Pradesh on 22 February, 2024

Author: Vishal Dhagat

Bench: Vishal Dhagat

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                      CRA No. 14026 of 2023
                                     (ROHIT KUMAR KHARE Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 22-02-2024
                                Shri D. S. Dubey - Advocate for the appellant.

                                Shri Akshay Namdeo - Govt. Advocate for the State.

                                       Heard on admission.
                                       Appeal is admitted for final hearing.
                                1.         Appellant has filed I.A. No.26437/2023 an application under

                          Section 389(1) of Code of Criminal Procedure for suspension of jail sentence.
                                2.         Appellant has been convicted under Sections 457 of the IPC,
                          Section 7/8 of the POCSO Act and Sections 3(1)(b)(1) and 3(2)(5-A) of the
                          SC/ST Act and has been sentenced to undergo R.I. for 3 years with fine of
                          Rs.500/-, R.I. for 1 year with fine of Rs. 500/- and R.I. for 1 year with fine of
                          Rs. 500/- on each count respectively with default stipulations.
                                3.       It is submitted by learned counsel for the appellant that short term
                          sentence has been imposed upon the appellant. Appellant was on bail by the
                          trial Court and thereafter period on bail was extended by the High Court. In

                          these circumstances application may be allowed and sentence of appellant may
                          be suspended.
                                4.          Learned Govt. Advocate appearing for the respondent/State

opposed the application for suspension of sentence.

5. Heard the counsel for the parties.

6. Appeal is of year 2023. Final hearing of appeal is likely to take some time.

7. Apex Court in case of Bhagwan Rama Shinde Gosai and

others Vs. State of Gujarat, reported in (1999) 4 SCC 421 has held that when a convicted person is sentenced to a fixed period of sentence and when he files an appeal under any statutory right, suspension of sentence can be considered by the appellate Court liberally unless there are exceptional circumstances.

8. Considering the aforesaid judgment passed by Apex Court and the fact that fixed short term of sentence has been imposed upon the appellant, I.A. for suspension of sentence is allowed.

9. It is hereby directed that the custodial sentence awarded to the appellant shall remain suspended during the pendency of this appeal and he shall be released on bail on his furnishing a personal bond in t h e sum of

Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety bond of the like amount to the satisfaction of the trial Court, for his appearance before the Registry of this Court on 06.05.2024 and on other dates as may be fixed in this regard till final disposal of this appeal.

10. Sentence is suspended since appellant has already furnished bail bonds for his appearance before the trial Court, therefore, he is not required to furnish separate bail bonds and same bail be considered for the order passed today.

11. List this appeal for final hearing in due course.

C.C. as per rules.

(VISHAL DHAGAT) JUDGE

AD/